Decision XXXV/18: Non-compliance in 2021 with the provisions of the Montreal Protocol governing consumption and production of the controlled substances in Annex C, Group I (hydrochlorofluorocarbons) by the Democratic People’s Republic of Korea

Recalling decision XXXII/6, in which the Thirty-Second Meeting of the Parties noted that the Democratic People’s Republic of Korea was in non-compliance with the Montreal Protocol control measures for hydrochlorofluorocarbon production and consumption in 2019, but also noted with appreciation the plan of action submitted by the Democratic People’s Republic of Korea to ensure its return to compliance with those measures in 2023,

Noting with concern that the Democratic People’s Republic of Korea had reported, for 2021, annual production of 24.81 ODP-tonnes of hydrochlorofluorocarbons and annual consumption of 58.03 ODP-tonnes of hydrochlorofluorocarbons, which is higher than its commitment, as set out in decision XXXII/6, to reduce its production and consumption of hydrochlorofluorocarbons to no greater than 24.80 ODP-tonnes and 58.00 ODP-tonnes, respectively, 

Noting that the Democratic People’s Republic of Korea has not reported its annual consumption data for controlled substances for 2022 in accordance with paragraph 3 of Article 7 of the Montreal Protocol,

1. To note with concern that the Democratic People’s Republic of Korea did not strictly adhere to its commitments for 2021 as set out in its plan of action to return to compliance contained in decision XXXII/6 and that the party was in non‑compliance with control measures for that substance under the Montreal Protocol for 2021;
2. To express great concern regarding the fact that the party has not yet, despite several requests by the Implementation Committee under the Non-Compliance Procedure for the Montreal Protocol in its recommendations 68/4, 69/4 and 70/2 and repeated reminders by the Secretariat, provided an explanation for the deviations mentioned in paragraph 1 above, and has not submitted a revised plan of action, if appropriate, to ensure its return to compliance with the control measures of the Montreal Protocol for hydrochlorofluorocarbons in 2023, along with a progress report on the establishment of additional national policies facilitating the phase-out of hydrochlorofluorocarbons that might include, but would not be limited to, bans on imports, on production or on new installations, along with certification of refrigeration technicians and companies, as set out in its plan of action to return to compliance contained in decision XXXII/6;
3. To note with concern that the Democratic People’s Republic of Korea has not reported its 2022 data as required under Article 7, paragraph 3, of the Montreal Protocol, and that this places it in non-compliance with its 2022 data reporting obligations under the Montreal Protocol until such time as the Secretariat receives its outstanding data, as is also noted in decision XXXV/17;
4. To urge the Democratic People’s Republic of Korea to provide an explanation for the deviations as a matter of urgency, together with Article 7 data for 2022, no later than 15 March 2024, and, if appropriate, to submit a revised plan of action to ensure its return to compliance with the control measures of the Montreal Protocol for hydrochlorofluorocarbons in 2023, for consideration by the Implementation Committee at its seventy-second meeting;
5. To request the Democratic People’s Republic of Korea to submit a progress report on efforts to establish additional national policies facilitating the phase-out of hydrochlorofluorocarbons that might include, but would not be limited to, bans on imports, on production or on new installations, along with certification of refrigeration technicians and companies, for consideration by the Implementation Committee at its seventy-second meeting, as set out in paragraph 5 of decision XXXII/6;
6. To invite the Democratic People’s Republic of Korea, if necessary, to send a representative to the Committee’s seventy-second meeting;
7. To caution the Democratic People’s Republic of Korea, in accordance with item B of the indicative list of measures that may be taken by the Meeting of the Parties in respect of non‑compliance, that, in the event that the Democratic People’s Republic of Korea fails to return to compliance, the parties will consider measures consistent with item C of the indicative list of measures. Those measures may include the possibility of actions available under Article 4, such as ensuring that the supply of hydrochlorofluorocarbons, the substances that are the subject of non‑compliance, is ceased so that exporting parties do not contribute to a continuing situation of non‑compliance.